Behrens v. Pelletier
516 U.S. 299, 116 S.CT. 834, 1996.SCT.0000039
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Publisher Description
In Mitchell v. Forsyth, 472 U. S. 511 (1985), we held that a district courts rejection of a defendants qualified-immunity defense is a "final decision" subject to immediate appeal under the general appellate jurisdiction statute, 28 U. S. C. Section(s) 1291 (1994 ed.). The question presented in this case is whether a defendants immediate appeal of an unfavorable qualified-immunity ruling on his motion to dismiss deprives the court of appeals of jurisdiction over a second appeal, also based on qualified immunity, immediately following denial of summary judgment.